Global Cash Access, Inc. v. NRT Technology Corp. et al

Filing 42

ORDER Granting 41 Stipulation to Amend Scheduling Order Deadlines. Signed by Magistrate Judge George Foley, Jr. on 01/12/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-00822-MMD-GWF Document 41 Filed 01/08/16 Page 1 of 5

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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W. WEST ALLEN
Nevada Bar No. 5566
[e-mail]
COLBY J. SPRINGER (Pro Hac Vice)
[e-mail]
DALE KOTCHKA-ALANES
Nevada Bar No. 13168
[e-mail]
Lewis Roca Rothgerber Christie LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996
Telephone: [phone]
Facsimile: 702.949.8398
Attorneys for Defendants NRT Technology
Corp. and NRT Technologies, Inc.

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CALLIE A. BJURSTROM
[e-mail]
STEVEN A. MOORE
[e-mail]
NICOLE S. CUNNINGHAM
[e-mail]
Pillsbury Winthrop Shaw Pittman LLP
501 West Broadway, Ste. 1100
San Diego, CA 92101
[phone]
Fax: [phone]
F. CHRISTOPHER AUSTIN
Nevada Bar No. 6559
Weide & Miller, Ltd.
7251 W. Lake Mead Blvd.
Suite 530
Las Vegas, NV 89128-8373

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Attorneys for Plaintiff Global Cash Access, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GLOBAL CASH ACCESS, INC., a Delaware
corporation,
Plaintiff,

STIPULATION AND ORDER TO
AMEND SCHEDULING ORDER
DEADLINES

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vs.
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Case No. 2:15-cv-00822-MMD-GWF

NRT TECHNOLOGY CORP., a Canadian
corporation, and NRT TECHNOLOGIES,
INC., a Nevada corporation,

(FIRST REQUEST)

Defendants.

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Pursuant to Local Rules 6-1, 16.1-3, and 26-4, Plaintiff GLOBAL CASH ACCESS, INC.

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(“Plaintiff” or “GCA”), and Defendants NRT TECHNOLOGY CORP. and NRT

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TECHNOLOGIES, INC. (“Defendants” or “NRT”) submit the following stipulation and

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proposed order to amend the deadlines in the current scheduling order (Dkt. # 38).
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Case 2:15-cv-00822-MMD-GWF Document 41 Filed 01/08/16 Page 2 of 5

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A.

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BACKGROUND
GCA filed its complaint for patent infringement and federal and state unfair competition

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and tort claims on May 1, 2015. (Dkt. # 1.) An investigation pending before the International

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Trade Commission (ITC) entitled In the Matter of Certain Automated Teller Machines and Point

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of Sale Devices and Associated Software Thereof, Case No.: Inv. No. 337-TA-958, and a petition

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for Covered Business Method review of U.S. Patent No. 6,081,792 (CBM 2015 00167) filed with

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the Patent and Trial Appeal Board of the United States Patent and Trademark Office both involve

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the same patent-in-suit for this matter and, in the case of the ITC investigation, certain of the

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unfair competition claims. On June 22, 2015, NRT filed a motion to dismiss challenging the
existence of statutory subject matter in the asserted patent. (Dkt. # 5.)

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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B.

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ITC PROCEEDINGS
In the original scheduling order, both the parties and the Court anticipated that the parties’

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claim construction briefing in this case would follow the issuance of the ITC claim construction

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order and that any claim construction hearing in this case would occur after the evidentiary

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hearing for the ITC then scheduled for March 2016. (See Dkt. # 38, Scheduling Order § G.)

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On December 22, 2015, the ITC Administrative Law Judge issued a claim construction

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order finding the term “processor” indefinite and declining to construe the remaining disputed

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claim terms.

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On December 29, 2015, Everi Payments, Inc. (the new name/successor entity to GCA)

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filed a motion for reconsideration or, alternatively, for certification for interlocutory appeal to the

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Commission.

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The evidentiary hearing previously scheduled for March 2016 has, in light of the

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aforementioned claim construction, been stayed pending further motion practice at the

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Commission.

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C.

NEW PROPOSED DISCOVERY DEADLINES

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1) Completed Discovery

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The parties exchanged initial disclosures on September 11, 2015. Plaintiff served its

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infringement contentions on September 11, 2015. Defendants served their noninfringement and

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Case 2:15-cv-00822-MMD-GWF Document 41 Filed 01/08/16 Page 3 of 5

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invalidity contentions on October 23, 2015.

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noninfringement and invalidity contentions on November 6, 2015. The parties exchanged lists

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of proposed terms for claim construction on December 1, 2015.

Plaintiff served its response to Defendants’

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2) Discovery That Remains to Be Completed

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The parties have yet to exchange proposed claim constructions with supporting intrinsic

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and extrinsic evidence. The parties have not yet filed a joint claim construction and prehearing

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statement, nor have they engaged in claim construction briefing. Phase II discovery has not yet

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been initiated.

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3) Reasons for Extending the Time Limits Set by the Original Discovery Plan
The parties submit that in the interests of efficiency and a conservation of resources by

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Las Vegas, NV 89169-5996

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both the parties and the Court, further claim construction exchanges and briefing should occur

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after motions regarding the ITC claim construction order have been decided.

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4) Proposed Schedule for Completing All Remaining Discovery

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The parties propose that all remaining deadlines in the current scheduling order be

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extended to accommodate motion practice before the ITC relating to claim construction. The

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parties note that they may seek to further extend the claim construction and other deadlines

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pending the outcome of the events at the ITC, including review by the Commission, by way of

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status reports filed every 90 days or within 5 court days of any order issued by the ITC. For

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now, the parties propose the following schedule:

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a. Claim Construction and Protective Order

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EVENT
Exchange of Proposed Claim Constructions and
Supporting Intrinsic and Extrinsic Evidence (LR
16.1-14)
Parties File Joint Claim Construction and
Prehearing Statement LR 16.1-15)
Opening Claim Construction Brief from Plaintiff
(LR 16.1-16)
Responsive Claim Construction Briefs from
Defendant (LR 16.1-16)
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PREVIOUS
DEADLINE
December 15, 2015

NEW
DEADLINE
April 5, 2016

January 13, 2016

May 5, 2016
May 19, 2016

January 28, 2016
February 11, 2016

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June 2, 2016

Case 2:15-cv-00822-MMD-GWF Document 41 Filed 01/08/16 Page 4 of 5

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Reply Claim Construction Brief from Plaintiff (LR
16.1-16)
Claim Construction Hearing (LR 16.1-17)

February 18, 2016

June 9, 2016

Mid-April 2016
after the trial in the
ITC proceeding and
as the Court sets.

Filing of Protective Order

September 4, 2015

After June 9,
2016, or
completion of
the ITC
evidentiary
hearing, as
the Court sets.
Before active
discovery
begins in
Phase II.

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b. Local Rule 16-19(e)(3) – Expert Disclosures

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Las Vegas, NV 89169-5996

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EVENT
Opening expert reports on issues for which the
serving party has the burden of proof

DEADLINE
75 days after entry of claim
construction order

Rebuttal expert reports, on issues for which the
other party has the burden of proof

45 days after service of opening
expert reports

Expert discovery completed

45 days after service of rebuttal
expert reports

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c. Local Rule 26-1(e)(4) – Dispositive Motions

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The parties propose that the deadline for filing dispositive motions remain 45 days after

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the close of expert discovery. The parties propose that the deadline for filing the joint pretrial

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order remain 60 days after the deadline for filing dispositive motions or 60 days after the

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Court’s decision on dispositive motion(s), whichever is later.

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disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto shall be included in

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the pretrial order.

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Pursuant to LR 26-1(e)(6), the

d. Settlement Conferences

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EVENT
Pre-Claim Construction Settlement Conference
Post-Claim Construction Settlement Conference
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DEADLINE
None in light of three mandatory
ITC settlement conferences
Within 30 days after entry of the
Claim Construction Order

Case 2:15-cv-00822-MMD-GWF Document 41 Filed 01/08/16 Page 5 of 5

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Within 30 days after filing the PreTrial Order

Pre-Trial Settlement Conference
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Dated: January 8, 2016

Respectfully submitted,

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Lewis Roca Rothgerber Christie LLP

Pillsbury Winthrop Shaw Pittman LLP

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By: /s/ W. West Allen
W. WEST ALLEN
Nevada Bar No. 5566
[e-mail]
COLBY J. SPRINGER (Pro Hac Vice)
[e-mail]
DALE KOTCHKA-ALANES
Nevada Bar No. 13168
[e-mail]
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996

By: /s/ Nicole S. Cunningham
CALLIE A. BJURSTROM
[e-mail]
STEVEN A. MOORE
[e-mail]
NICOLE S. CUNNINGHAM
[e-mail]
501 West Broadway, Ste. 1100
San Diego, CA 92101

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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Attorneys for Defendants NRT Technology Corp.
and NRT Technologies, Inc.
Weide & Miller, Ltd.
By: _/s/ F. Christopher Austin_
F. CHRISTOPHER AUSTIN
Nevada Bar No. 6559
7251 W. Lake Mead Blvd.
Suite 530
Las Vegas, NV 89128-8373

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Attorneys for Plaintiff
Global Cash Access

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IT IS SO ORDERED:
S SO

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_________________________________
_____________________________
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_ ____
George
Foley
Hon. George W. Foley
or
or
le
e
United States Magistrate Judge

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January 12, 2016
Dated: _____________________

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